Interpreting the Constitution

Only since you so kindly offered me a deal and a new thread . . .

Humbly

 

The founders wanted to let the Constitution speak for itself. Then came the clamor for the BoR. Then came the Supreme Court. When that august body made portions previously applicable to the federal government applicable to the states, al h..l broke loose. Now we've got jerks like Souter looking to the EU in reaching his conclusions. If all the case law in the USA applicable to a single topic was put in a blender, the product would be puke. To return to the OP: Let the Constitution interpret itself. That's what we do with the Bible.

 

The XIV amendment made the Bill of Rights applicable to the states governments. It meant that couldn't brand people or burn them at the stake, and that they had to allow them freedom of speech, religion, and let them bear arms.

Infuriating, isn't it?

 

There is a big court case in Arkansas this week where someone is seeking changes to the way the the state high school athletic association treats private schools based on the equal protection clause of the XIV amendment.

There have been accusations for years that private schools recruit players so their enrollment figures are increased by a multiplier to determine which classification that the private schools compete in. This fella's son's school was moved up two classifications and he is afraid that his son will get hurt playing against these public schools in a higher classification.

I don't see how the equal protection clause applies to a high school football game sanctioned by a voluntary organization. If a school doesn't like the rules, it can quit the organization.

 

Ken

Not sure how to interpret that one. I guess whoever has the most points when time runs out will win.

 

Our Representatives passed the XIV Amendment and the States themselves approved it by a majority - why is that a problem?

 

Daisy

Don' ya' think this might be a little TIC?

 

Courts have held that when a private organization holds an effective monopoloy on an industry or activity, then equal protection applies.

If there's not another high school athletic association in which they can play, then they have an arguable case.